Order, 37 F.Supp. 533, affirmed.

On Rehearing.

This cause came on for a rehearing upon the petition of the appellant and thereupon, upon consideration thereof, it is ordered that the judgment appealed from be, and the same hereby is, affirmed except as to the third paragraph, as to which it is reversed. The said third paragraph reversed is as follows: “Further Ordered that the petition be dismissed in that the same on its face fails to state a cause of action.”